NY Gyms Not Obligated to Use a Defibrillator

While state law requires New York health clubs to
have defibrillators and train staff to use them, they aren't required to
use them when a patron goes down.

That's the ruling of New
York's top court in the 2007 death of Gregory Miglino Sr., who collapsed
in cardiac arrest at a Long Island health club owned by Bally Total
Fitness of Greater New York.

Gym staff called 911, broadcast an
in-house request for anyone with medical training and brought the club's
defibrillator to Miglino's side, where a trainer detected breathing and
a pulse but didn't use it.

A doctor and medical student began cardio-pulmonary resuscitation, paramedics arrived and shocked Miglino, but he died.

The Court of Appeals says Thursday a negligence lawsuit can proceed but the gym's duty is limited.